Reports of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 90

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...conducting its business under the name adopted by it upon the theory that the plaintiff had the exclusive right to use the words "Ancient Free and Accepted Masons" or the letters "A. F. & A. M." as a part of its corporate name, that the defendant 's corporate name is so similar to that of plaintiff as to be misleading and con fusing and an encroachment thereon, and that the defendant and its oflicers are actually practicing fraud upon the plaintifi by inducing persons intending to become members of the plaintilf to join the defendant under the belief that they were really joining the plaintiff. That a court of equity will interfere to enjoin the use of a name by a corporation so closely simulating that of another corporation as to result in fraud upon such other is very well established. Benevolent and Protective Order of Elks v. Improved Benevolent and Protective Order of Elks, 205 N. Y. 459; Supreme Lodge Knights of Pythias v. Improved Order Knights of Pythrios, 113 Mich. 133; Emory v. Grand United Order of Odd Fellows, 140 Ga. 423. There are many other cases aflirming the doctrine, but denying the relief upon the facts in some cases and granting it in others. In the New York case above cited the relief was granted. The court found that plaintiff had given to the word "Elks" a distinctive meaning when applied to a secret benevolent order and that defendant might not use it. The court took occasion to say, however, that if the persons organizing the defendant corporation had been formerly members of the plaintiff and had split off from it because of a schism in the order, they would perhaps be as much entitled to use the word "Elks" as part of the name of a corporation organized...show more